In Italy, to set off the aggravating factor of possession of huge amount of drugs you do not need to exceed the limit. If the judge notice a serious danger for public health due to the high number of doses, it will be enough. In this case they dealt with cocaine. This was the grounds for the decision of the Supreme Court so it dismissed the appeal presented by a drug dealer. Actually to enforce the aggravating factor implying a longer penalty (according to art. 80, paragraph 2 DPR 309/90) it is not sufficient to exceed the maximum amount provided for the law, it would take into consideration also the number of drug addicted to which it could be sold. Furthermore, the judge has to evaluate the social context. Only the judge can take a decision on the basis of its own knowledge of the surrounding area.
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